ACCA f6 taxation vietnam 2015 jun question

Taxation(Vietnam)Tuesday 2 June 2015

Time allowedReading and planning:Writing:

15 minutes3 hours

This paper is divided into two sections:Section A – ALL 15 questions are compulsory and MUST be attemptedSection B – ALL SIX questions are compulsory and MUST be attemptedTax rates and allowances are on pages 2–4.Do NOT open this paper until instructed by the supervisor.During reading and planning time only the question paper may beannotated. You must NOT write in your answer booklet until instructedby the supervisor.Do NOT record any of your answers on the exam paper.This question paper must not be removed from the examination hall.

The Association of Chartered Certified Accountants

The Ministry of Finance of the Socialist Republic of Vietnam

Paper F6 (VNM)

Fundamentals Level – Skills Module

SUPPLEMENTARY INSTRUCTIONS1. Calculations and workings need only be made to the nearest VND, unless instructed otherwise.2. All apportionments should be made to the nearest month.3. All workings should be shown in Section B.TAX RATES AND ALLOWANCESThe following tax rates and allowances are to be used in answering the questionsValue added tax (VAT)Standard rateReduced rate

10%5%Corporate income tax (CIT)

Standard rate for enterprises

22%Foreign contractor tax (FCT)

1.2.3.

4.

Value added rates as a percentage (%) of taxable turnover:Services (except oil drilling), leasing of machinery and equipment, and insurance.Oil drilling services.(a) Construction, assembly and installation where the tender includesthe supply of materials, machinery and equipment in the construction work.

(b) Construction, assembly and installation where the tender does notinclude the supply of materials, machinery and equipment in the constructionwork.Transportation and other business and production.

%50.170.130.1

50.130.1

Corporate income tax rates as a percentage (%) of taxable turnover:%Trading: distribution and supply of goods, raw materials, supplies, machineryand equipment associated with services in Vietnam (including the supply ofgoods in the form of on-the-spot export (except processing goods for foreignorganisations and individuals); and the supply of goods under DDP, DAT, DAPterms of Incoterms).12. Services, leasing of machinery and equipment and insurance.53. Management services of restaurants, hotels and casinos.104. Leasing of aircraft, aircraft engines, aircraft spare parts and sea going vessels.25. Construction and installation regardless of whether the tender includes or does notinclude the supply of materials, machinery and equipment in the construction work.26. Other production or business activities and transportation (including sea andair transportation).27. Assignments [transfers] of securities, reinsurance and commissions from reinsurance. 0·18. Derivatives.29. Loan interest.510. Income from royalties.10

1.

2

Personal income tax (PIT)Regular income tax rates for Vietnamese citizens and other residents in VietnamPortion of monthlyassessable income(VND million)Up to 5Over 5 to 10Over 10 to 18Over 18 to 32Over 32 to 52Over 52 to 80Over 80

Rates of exchangeThe following rates of exchange are to be used in answering all questions in this paper (unlessotherwise stated):USD 1 = VND 21,500

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Section A – ALL 15 questions are compulsory and MUST be attemptedPlease use the grid provided on page two of the Candidate Answer Booklet to record your answers to each multiplechoice question. Do not write out the answers to the MCQs on the lined pages of the answer booklet.Each question is worth 2 marks.1

On 1 January 2014, company CRS Co purchased a 16-seat car for VND2,640 million (including value added tax(VAT)) with proper invoices. The car will be depreciated for five years.What is the amount of the adjustment for non-deductible expenses which CRS Co should make for the car in itstax return for the year 2014?ABCD

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VND0 millionVND208 millionVND320 millionVND528 million

Which of the following items of income would NOT be subject to personal income tax in Vietnam?(1)(2)(3)(4)

Medical support for fatal disease from the employer to the parent-in-law of an employeeOne time round trip home leave air fares for the family of an expatriate employeeKindergarten tuition fees for the children of a Vietnamese employee working abroadVoucher issued by the employer to an employee for lunches in the canteen operated by the employer

ABCD

1,2,1,1,

2 and 33 and 42 and 43, and 4

Zenita Co, a Brazilian company, signed a contract with a Vietnamese company, Company X, for the construction of afactory in Vietnam. The contract value is USD19 million. Zenita Co subcontracted part of the construction works witha value of USD3 million to Company A, a Vietnamese company, and works with a value of USD2·5 million toCompany B, a Taiwanese company, adopting the deemed method for foreign contractor tax (FCT). Zenita Co alsopurchased goods for the works with a value of USD2 million from Vietnamese suppliers.What is the amount of the foreign contractors’ taxable revenue from the contract for the purposes of FCT?ABCD

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USD19 millionUSD13·5 millionUSD16 millionUSD11·5 million

At the end of 2014, company, BND Co, paid bonuses to its board of directors of VND3,000 million. Each of the fivedirectors is paid an equal amount of bonus. Two out of the five directors are not involved in the daily management ofthe company’s business.What is the amount of tax deductible expenses which BND Co will be able to claim for the year 2014?ABCD

VND3,000 millionVND1,200 millionVND1,800 millionVND0 million

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What is the late payment penalty rate per day in the case of a company which settles its outstanding tax within90 days from the time the liability arose, before 1 July 2014 and from 1 July 2014 to 31 December 2014?Before 1 July 2014ABCD

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0·05%0·05%10%10%

From 1 July to31 December 20140·05%0·07%10%20%

Which of the following transactions would be subject to foreign contractor tax (FCT) in Vietnam?(i)(ii)(iii)(iv)

Repair of a Vietnamese internet cable offshoreOnline training for the employees of a Vietnamese company where the server is hosted overseasAn intermediary arrangement for a Vietnamese company to provide services in SingaporeGranting of rights to a Vietnamese company to use the international brand name of a world famous product inVietnam

ABCD

i and iiii and ivi and iiiiii and iv

In 2012, company CTC Co contributed capital of VND500 million to Company Z. In 2014, CTC Co transferred 60%of the capital it held in Company Z to a foreign company for VND450 million. At that time the retained earnings ofCompany Z were VND5 million. CTC Co incurred transfer expenses of VND10 million.What is the taxable income/(loss) of CTC Co from the transfer?ABCD

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VND50 million (loss)VND140 millionVND145 millionVND147 million

Ms Nga Le is a Vietnamese national with no dependants. On 1 January 2014, she signed a gross employmentcontract with salary of VND260 million per month. Her employer is not required to withhold compulsory insurancefrom her income.What is the amount of Ms Nga Le’s monthly net take home income?ABCD

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VND81·15 millionVND78 millionVND178·85 millionVND182 million

TLN Co is a Vietnamese limited liability company. Hanada Co, a Japanese company, is considering transferring itscapital contribution in TLN Co to Nahada Co, an Indian company.Which party will be responsible for making the tax declaration for the above transaction?ABCD

Hanada Co onlyNahada Co onlyNahada Co and TLN CoTLN Co only

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10 TDP Co, a Vietnamese company applying the value added tax (VAT) deduction method, provided services to a foreigncustomer for VND200 million and charged VAT at 5% on the invoice. In a tax review by a consultant, it was identifiedthat the VAT rate used on the invoice should have been 10%, however, TDP Co can no longer claim back theundercharged VAT from the foreign customer.What is the amount of additional output VAT which TDP Co will need to pay to the tax authorities (rounded tothe nearest VND million)?ABCD

VND9 millionVND10 millionVND11 millionVND20 million

11 VERYDEU Co, a Chinese company, signed a contract with a Vietnamese project owner for the supply and installationof some equipment. VERYDEU Co subcontracted all the equipment supply value to a Vietnamese subcontractor andonly performed the installation activities itself.What would be the foreign contractor tax (FCT) rates applicable to VERYDEU Co under the deemed method?

ABCD

Corporate incometax (CIT)2%5%1%10%

Value addedtax (VAT)3%5%ExemptExempt

12 On 1 April 2014, Mr Chau, a Vietnamese national, started employment with a new employer, CTD Co. CTD Co hasa policy whereby both the employer and the employee contribute to a voluntary pension fund approved by theGovernment. The monthly contributions for the employer and the employee, respectively, are VND4·5 million andVND2 million.What is the amount of the deduction Mr Chau can claim against his taxable income for the above contributionsin 2014?ABCD

VND9 millionVND78 millionVND24 millionVND18 million

13 In 2014, company DMS Co purchased materials from suppliers who are households doing business. DMS Co wantedto use the list of goods purchased (without invoices) to claim tax deductible expenses for these purchases.What is the threshold of annual revenue which households doing business must satisfy for DMS Co to use thelist of goods purchased method to claim for the purchases as a tax deductible expense?ABCD

VND300 millionVND200 millionVND100 millionVND50 million

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14 Which of the following statements are correct?(i)

The Vietnamese language shall be the official language used in all tax-related documents to be submitted to thetax authorities(ii) Documents in a foreign language must be translated into Vietnamese. All translations must be performed orcertified by an authorised public notary(iii) Where the documents in a foreign language are more than 20 pages (of A4 size) long, the taxpayer is allowedto translate only the key provisions relating to the determination of the tax obligations (plus a written explanationto the tax authorities)ABCD

i onlyii and iii onlyi and iii onlyi, ii and iii

15 Mr Albert, a Canadian citizen, arrived in Vietnam on 18 September 2013 to work under an employment contract. Hestayed in Vietnam for the whole of the time until 19 June 2014 when he completed his employment contract andleft Vietnam.What is the amount of personal relief to which Mr Albert will be entitled to for his period in Vietnam?ABCD

VND0 millionVND90 millionVND81 millionVND108 million(30 marks)

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Section B – ALL SIX questions are compulsory and MUST be attemptedPlease write your answers to all parts of these questions on the lined pages within the Candidate Answer Booklet.1

CRU Ltd (CRU) is the Vietnamese parent company of a group of subsidiaries doing business in the manufacturingsector. All of the group companies have a year end of 31 December.On 1 January 2012, CRU purchased a luxury car for VND6,600 million (including 10% value added tax (VAT)) forthe chairman of its board. CRU intended to use the car for six years.In October 2014, the car was involved in an accident and had to be repaired at a cost of VND792 million (includingVAT). The repair was completed on 25 October 2014 and the repair service company issued an invoice for the fullrepair costs to CRU on that same date. According to the repair service agreement, CRU was required to settle 90%of the repair costs in 2014 and the remaining 10% in February 2015. The first payment was made by bank transferand the second in cash.On 1 November 2014, the chairman decided to contribute the car as a part of CRU’s capital contribution to CRS Co,a 100% subsidiary of CRU. The value contributed by the car was VND2,400 million (excluding VAT), and CRS Cointends to use the car for four years.Required:(a) Calculate CRU Ltd’s deductible depreciation and repair expenses for each of the years ended 31 December2013, 2014 and 2015 as a result of the above transactions.(6 marks)(b) Calculate CRU Ltd’s taxable income or loss from the disposal of the car in the year ended 31 December2014.(2 marks)(c) Calculate CRS Co’s deductible depreciation expense in respect of the car for the year ended 31 December2014.(2 marks)Note: You should make all calculations to the nearest VND million.(10 marks)

2

In 2010, Mr Tuy Nguyen, a 50-year-old Vietnamese national, purchased 1,000,000 shares in DBX, a company listedon the Vietnamese stock exchange, for VND12,000 per share. The nominal price of each DBX share is VND10,000.In 2014, Mr Tuy had the following transactions with regard to DBX’s shares:–––

On 1 January 2014, he received 200,000 shares as a scrip dividend (i.e. a dividend paid in the form of shares).On 1 April 2014, he sold 150,000 shares for VND18,000 per share.On 20 December 2014, he sold 400,000 shares for VND20,000 per share.

Required:(a) Calculate the provisional personal income tax (PIT) which Mr Tuy Nguyen had to pay during the year 2014when he sold his DBX shares.(5 marks)(b) Calculate Mr Tuy Nguyen’s final PIT liability from the sales of his DBX shares if he is required to pay PITunder the ‘20% regime’ and has all available documents relating to his share purchases.(5 marks)Note: You should make all calculations to the nearest VND million.(10 marks)

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MCSP Co (MCSP) is an international supplier of foodstuff processing equipment incorporated in Singapore. MCSPintends to enter into a contract with KCD, a Vietnamese corporation, for the supply of a large foodstuff production linein Vietnam.The expected contract value of the production line will consist of the following (after withholding tax in Vietnam):–––

Machinery and equipment: USD25 millionDesign of the production line: USD2 millionSupervision, installation and training: USD3 million

MCSP is considering whether to make the contract a lump sum contract for USD30 million, or a contract with thevalue of each activity shown separately (as above).MCSP also wants to subcontract a part of the equipment supply amounting to USD5 million to Vietnamesesubcontractors.The whole of the above supplies are in a list of objects subject to value added tax (VAT) at 10% under the VietnameseVAT regulations.According to the draft contract, KCD will bear all the withholding tax in Vietnam in respect of the activities of MCSP.Required:(a) Calculate the foreign contractor tax (FCT) applicable to MCSP Co if the contract value is stated as a lumpsum of USD30 million.(4 marks)(b) Calculate the FCT applicable to MCSP Co if the contract value is shown separately for each activity.(6 marks)Note: You should make all calculations to the nearest USD thousands.(10 marks)

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4

VCPL Co (VCPL) is a newly established foreign invested company operating in trading activities. VCPL is consideringlaunching a number of promotion campaigns for its products in Vietnam as follows:–

Campaign 1: Offer customers one product for free when the customer buys a pack of ten during one month.

–

Campaign 2: Sell products to customers at a reduced price for five days. The reduced price would be 50% of thenormal selling price, which is equal to the cost of the goods sold.

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Campaign 3: Provide customers with a voucher which allows them to claim additional products for free everytime the customer buys products with a value in excess of VND1 million.

–

Campaign 4: Issue some electronic products such as TVs, or HD players, for demonstrative display, then allowemployees (or customers) to purchase these products at a 30% discount after two months.

Required:(a) For Campaign 1, advise VCPL Co of the value added tax (VAT) implications (output VAT and input VAT) andinvoicing requirements if:(i) the campaign is registered with the relevant competent authorities as a promotional activity; and(ii) the campaign is not registered.(4 marks)(b) For Campaign 2 and Campaign 3, advise VCPL Co of the VAT implications (output VAT and input VAT) andinvoicing requirements, if the campaigns have both been registered with the relevant competent authorities.(4 marks)(c) For Campaign 4, advise VCPL Co of the output VAT implications and invoicing requirements.

(2 marks)(10 marks)

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WALC JSC (WALC) is a corporation in Vietnam operating in the field of financial consulting services.WALC’s audited financial statements for year ended 31 December 2014 show the following:Notes

During the year, WALC paid out performance bonuses of VND5,200 million for the year ended 31 December2013 to personnel ranked manager and above. In the audited report for the year ended 31 December 2013,WALC had made a provision of VND4,800 million for these bonuses. WALC claimed the full amount of thisprovision as deductible in its 2013 tax return.In June 2014, a tax audit conducted by the local tax authorities for the year ended 31 December 2013disallowed VND1,960 million of the above provision for the year 2013 because it exceeded the provision cap of17%. However, the tax authorities confirmed in writing that this excessive provision would be deductible in theyear of payment. WALC booked the tax collection plus penalty for this amount of VND550 million to otherexpenses, and the VND400 million under-provided bonuses for 2013 to the cost of sales for the year 2014.WALC decided not to make any provision for performance bonuses for the year 2014.

2.

WALC has a policy of sending employees on overseas professional certificate training courses and bears all thetuition and exam fees for these courses. The fees for all the courses always exceed USD1,000. The employeesare required to commit to employment with WALC for two years after each exam, but they are also given thechoice to subscribe for the courses themselves; in this case they will pay in advance for the courses (with invoicesissued to themselves) and can claim reimbursement from WALC when they pass the exam. During the year2014, WALC reimbursed VND850 million to employees in cash for the fees they subscribed for courses inadvance.If the employees who are sponsored by WALC have to re-sit an exam after their first unsuccessful attempt, WALCwill advance them the exam fees for these subsequent attempts (with invoices issued to the employees) andclaim reimbursement from the employees by deduction from their salary. For accounting purposes, WALC recordsthe whole advance as administrative expenses and the amounts claimed back as other income. The totaladvances for 2014 amounted to VND550 million, of which WALC had claimed back VND350 million by31 December 2014.

3.

In August 2014, WALC settled a claim of VND680 million from a client for giving wrong advice and causingdamages to the client. The initial claim was made in 2008 for VND1,000 million, and WALC made a provisionfor the full VND1,000 million in its audited financial statements for 2008 as this amount was accepted as a fairestimate by the auditor at that time. WALC properly adjusted for (i.e. added back) the amount ofVND1,000 million when preparing its 2008 tax return. On 31 December 2014, WALC made a reversal of theover-provision of VND320 million (i.e. the difference between the original provision of VND1,000 million and theactual settlement of VND680 million) as a reduction of its administration expenses.

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4.

In addition to the corporate income tax recollection and penalty made during the tax check in June 2014 (as in(1) above), the tax authorities collected the following tax amounts in 2014, both of which WALC recorded inother expenses:–

Non-creditable input value added tax (VAT) for 2013 of VND350 million due to invoices being declared inthe VAT return after the six months time limit (the purchase was incurred for business purposes).

All the amounts are stated exclusive of VAT.Required:Compute WALC JSC’s corporate income tax (CIT) liability for the year ended 31 December 2014.Notes:1. You must commence your computation with the accounting profit before tax, and list all of the individualadjustment items specifically referred to in notes 1 to 4, indicating with ‘0’ any item for which no adjustmentis required.2. You should make all calculations to the nearest VND million.(15 marks)

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Assume that today’s date is 15 October 2014.SJCS Vietnam Co (SJCS) is a foreign invested company in Vietnam. Mr Kwon, a 50-year-old Korean national, willcomplete his secondment period in Vietnam with SJCS on 31 October 2014. His wife, who is 48 years old, is afull-time housewife and has no income. They have two children, a 19-year-old daughter and a 15-year-old son;neither child has any income.Mr Kwon’s contractual annual employment remuneration package with SJCS (gross of Vietnam tax) comprises thefollowing items:–

Basic salary: USD201,600.

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Annual bonus: one month’s salary for a full year of services, pro rata for less than a full year.

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Performance bonus: to be decided by the company depending on performance.

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One return airfare for himself and his whole family (wife and children) to Korea each year: USD1,500 per personfor the return trip.

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Tuition fees for his son (in the international school) and for his daughter (in the international university):USD12,000 and USD18,000 per year, respectively.

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Accommodation by arrangement directly between SJCS and the landlord, capped at USD2,500 per month.

Additional information supplied by Mr Kwon:–

SJCS deducted USD1,200 from his salary every month for accommodation costs over the cap.

–

In May 2014, SJCS paid him a performance bonus for 2013 of USD33,600. This was not declared in hispersonal income tax (PIT) tax return for 2013.

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The tuition fees are paid twice a year, in August and December, by SJCS directly to the school and university.50% of the tuition fees were paid at the beginning of the school year in August 2014 and these fees are notrefundable in any circumstances.

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In early October 2014, SJCS decided to support Mr Kwon’s relocation costs from Vietnam back to Korea ofUSD8,000. SJCS had provided the same to Mr Kwon when he had relocated to Vietnam in 2010.

Required:(a) Calculate, in USD, Mr Kwon’s taxable and non-taxable income in Vietnam for the year 2014.

(10 marks)

(b) Calculate, to the nearest VND million, Mr Kwon’s total annual personal income tax (PIT) liability on histaxable income.(5 marks)Note: For simplicity, you can disregard the compulsory health insurance in Vietnam applicable to Mr Kwon.(15 marks)